Common use of COMPENSATION TO LESSEE FOR CAPITAL ADDITIONS Clause in Contracts

COMPENSATION TO LESSEE FOR CAPITAL ADDITIONS. PAID FOR OR FINANCED BY LESSEE. Upon the expiration or earlier termination of this Lease, except by reason of the default by Lessee hereunder, Lessor shall compensate Lessee for all Capital Additions paid for or financed by Lessee in any of the following ways, determined in the sole discretion of Lessor: (a) By purchasing all Capital Additions paid for or financed by Lessee from Lessee for cash in the amount of the Fair Market Added Value (determined as of the date of such purchase) of all such Capital Additions paid for or financed by Lessee; or (b) By purchasing such Capital Addition from Lessee by delivering to Lessee Lessor's purchase money promissory note in the amount of said Fair Market Added Value, due and payable no later than eighteen (18) months after the date of expiration or other termination of this Lease, bearing interest at a rate equal to one hundred ten percent (110%) of the applicable federal rate (determined at the time of execution of such note pursuant to Section 1274 of the Code or any successor section thereto), compounded semiannually, or, if no such rate exists, or such rate is in excess of that permitted under applicable law, at the Prime Rate, which interest shall be payable monthly, and which note shall be secured by a mortgage on the Leased Property, subject to all Liens on the Leased Property at the time of such purchase; or (c) By Lessor assigning to Lessee under appropriate written instruments the right to receive an amount equal to the Added Value Percentage (determined as of the expiration of earlier termination of this Lease) from all rent and other consideration receivable by Lessor under any re-letting or other disposition of the Leased Property, after deducting all costs and expenses incurred by Lessor in connection with such re-letting or other disposition of the leased Property and all costs and expenses of operating and maintaining the Leased Property during any such new lease which are not borne by the tenant thereunder. The provisions of this Subparagraph (c) shall remain in effect until the sale or other final disposition of the Leased Property in which event Lessor shall pay to Lessee the outstanding balance of the Fair Market Added Value in accordance with Subparagraph (a), (b), or (d) of this Section 9.6, after deducting any amounts received by Lessee under this Subparagraph (c); or (d) Such other arrangement regarding such compensation as shall be mutually acceptable to Lessor and Lessee.

COMPENSATION TO LESSEE FOR CAPITAL ADDITIONS. PAID FOR OR FINANCED BY LESSEE. Upon the expiration or earlier termination of this Lease, except by reason of the default by Lessee hereunder, Lessor shall compensate Lessee for all Capital Additions paid for or financed by Lessee in any of the following ways, determined in the sole discretion of Lessor: (a) By purchasing all Capital Additions paid for or financed by Lessee from Lessee for cash in the amount of the Fair Market Added Value (determined as of the date of such purchase) of all such Capital Additions paid for or financed by Lessee; oror 47 (b) By purchasing such Capital Addition from Lessee by delivering to Lessee Lessor's purchase money promissory note in the amount of said Fair Market Added Value, due and payable no later than eighteen (18) months after the date of expiration or other termination of this Lease, bearing interest at a rate equal to one hundred ten percent (( 110%) of the applicable federal rate (determined at the time of execution of such note pursuant to Section 1274 of the Code or any successor section thereto), compounded semiannually, or, if no such rate exists, or such rate is in excess of that permitted under applicable law, at the Prime Rate, which interest shall be payable monthly, and which note shall be secured by a mortgage on the Leased Property, subject to all Liens on the Leased Property at the time of such purchase; or or (c) By Lessor assigning to Lessee under appropriate written instruments the right to receive an amount equal to the Added Value Percentage (determined as of the expiration of earlier termination of this Lease) from all rent and other consideration receivable by Lessor under any re-letting or other disposition of the Leased Property, after deducting all costs and expenses incurred by Lessor in connection with such re-re- letting or other disposition of the leased Property and all costs and expenses of operating and maintaining the Leased Property during any such new lease which are not borne by the tenant thereunder. The provisions of this Subparagraph (c) shall remain in effect until the sale or other final disposition of the Leased Property in which event Lessor shall pay to Lessee the outstanding balance of the Fair Market Added Value in accordance with Subparagraph (a), (b), or (d) of this Section 9.6, after deducting any amounts received by Lessee under this Subparagraph (c); or or (d) Such other arrangement regarding such compensation as shall be mutually acceptable to Lessor and Lessee.

COMPENSATION TO LESSEE FOR CAPITAL ADDITIONS. PAID FOR OR FINANCED BY LESSEE. Upon the expiration or earlier termination of this Lease, except by reason of the default by Lessee hereunder, Lessor shall compensate Lessee for all Capital Additions paid for or financed by Lessee in any of the following ways, determined in the sole discretion of Lessor: (a) By purchasing all Capital Additions paid for or financed by Lessee from Lessee for cash in the amount of the Fair Market Added Value (determined as of the date of such purchase) of all such Capital Additions paid for or financed by Lessee; or or (b) By purchasing such Capital Addition from Lessee by delivering to Lessee Lessor's purchase money promissory note in the amount of said Fair Market Added Value, due and payable no later than eighteen (( 18) months after the date of expiration or other termination of this Lease, bearing interest at a rate equal to one hundred ten percent (110%) of the applicable federal rate (determined at the time of execution of such note pursuant to Section 1274 of the Code or any successor section thereto), compounded semiannually, or, if no such rate exists, or such rate is in excess of that permitted under applicable law, at the Prime Rate, which interest shall be payable monthly, and which note shall be secured by a mortgage on the Leased Property, subject to all Liens on the Leased Property at the time of such purchase; or or (c) By Lessor assigning to Lessee under appropriate written instruments the right to receive an amount equal to the Added Value Percentage (determined as of the expiration of earlier termination of this Lease) from all rent and other consideration receivable by Lessor under any re-letting or other disposition of the Leased Property, after deducting all costs and expenses incurred by Lessor in connection with such re-re- letting or other disposition of the leased Property and all costs and expenses of operating and maintaining the Leased Property during any such new lease which are not borne by the tenant thereunder. The provisions of this Subparagraph (c) shall remain in effect until the sale or other final disposition of the Leased Property in which event Lessor shall pay to Lessee the outstanding balance of the Fair Market Added Value in accordance with Subparagraph (a), (b), or (d) of this Section 9.6, after deducting any amounts received by Lessee under this Subparagraph (c); or or (d) Such other arrangement regarding such compensation as shall be mutually acceptable to Lessor and Lessee.. 50

COMPENSATION TO LESSEE FOR CAPITAL ADDITIONS. PAID FOR OR FINANCED BY LESSEEPaid For or Financed by Xxxxxx. Upon the expiration or earlier termination of this Lease, except by reason of the default by Lessee hereunder, Lessor shall compensate Lessee for all Capital Additions paid for or financed by Lessee Xxxxxx in any of the following ways, determined in the sole discretion of Lessor: (a) By purchasing all Capital Additions paid for or financed by Lessee Xxxxxx from Lessee for cash in the amount of the Fair Market Added Value (determined as of the date of such purchase) of all such Capital Additions paid for or financed by LesseeXxxxxx; or (b) By purchasing such Capital Addition from Lessee by delivering to Lessee Lessor's purchase money promissory note in the amount of said Fair Market Added Value, due and payable no later than eighteen (18) months after the date of expiration or other termination of this Lease, bearing interest at a rate equal to one hundred ten percent (110%) of the applicable federal rate (determined at the time of execution of such note pursuant to Section 1274 of the Code or any successor section thereto), compounded semiannually, or, if no such rate exists, or such rate is in excess of that permitted under applicable law, at the Prime Rate, which interest shall be payable monthly, and which note shall be secured by a mortgage on the Leased Property, subject to all Liens on the Leased Property at the time of such purchase; or (c) By Lessor assigning to Lessee under appropriate written instruments the right to receive an amount equal to the Added Value Percentage (determined as of the expiration of earlier termination of this Lease) from all rent and other consideration receivable by Lessor under any re-letting or other disposition of the Leased Property, after deducting all costs and expenses incurred by Lessor in connection with such re-letting or other disposition of the leased Property and all costs and expenses of operating and maintaining the Leased Property during any such new lease which are not borne by the tenant thereunder. The provisions of this Subparagraph (c) shall remain in effect until the sale or other final disposition of the Leased Property in which event Lessor shall pay to Lessee the outstanding balance of the Fair Market Added Value in accordance with Subparagraph (a), (b), or (d) of this Section 9.6, after deducting any amounts received by Lessee under this Subparagraph (c); or (d) Such other arrangement regarding such compensation as shall be mutually acceptable to Lessor and Lessee.

COMPENSATION TO LESSEE FOR CAPITAL ADDITIONS. PAID FOR OR FINANCED BY LESSEEPaid For or Financed by Lessee. Upon the expiration or earlier termination of this ofthis Lease, except by reason of the ofthe default by Lessee hereunder, Lessor shall compensate Lessee for all Capital Additions paid for or financed by Lessee in any of the following ways, determined in the sole discretion of Lessor: (a) By purchasing all Capital Additions paid for or financed by Lessee from Lessee for cash in the amount of the Fair Market Added Value (determined as of the date of such purchase) of all ofall such Capital Additions paid for or financed by Lessee; or or (b) By purchasing such Capital Addition from Lessee by delivering to Lessee Lessor's purchase money promissory note in the amount of said Fair Market Added Value, due and payable no later than eighteen (18) months after the date of expiration or other termination of this Lease, bearing interest at a rate equal to one hundred ten percent (1101 l0%) of the ofthe applicable federal rate (determined at the time of execution of such note pursuant to Section 1274 of the Code or any successor section thereto), compounded semiannually, or, if no ifno such rate exists, or such rate is in excess of that ofthat permitted under applicable law, at the Prime Rate, which interest shall be payable monthly, and which note shall be secured by a mortgage on the Leased Property, subject to all Liens on the Leased Property at the time of such purchase; or or (c) By Lessor assigning to Lessee under appropriate written instruments the right to receive an amount equal to the Added Value Percentage (determined as of the ofthe expiration of earlier termination of this Lease) from all rent and other consideration receivable by Lessor under any re-letting or other disposition of the ofthe Leased Property, after deducting all costs and expenses incurred by Lessor in connection with such re-letting or other disposition of the ofthe leased Property and all costs and expenses of operating ofoperating and maintaining the Leased Property during any such new lease which are not borne by the tenant thereunder. The provisions of this ofthis Subparagraph (c) shall remain in effect until the sale or other final disposition of the ofthe Leased Property in which event Lessor shall pay to Lessee the outstanding balance of the Fair Market Added Value in accordance with Subparagraph (a), (b), or (d) of this ofthis Section 9.6, after deducting any amounts received by Lessee under this Subparagraph (c); or or (d) Such other arrangement regarding such compensation as shall be mutually acceptable to Lessor and Lessee.